HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU … Arb. P No. 16/2024 M/S Vijay Builders Regd. Office Dhar Road, Sattani, Udhampur-182101 through its proprietor Vijay Kumar Gupta age 68 years S/o Late Sh. Radhey Krishan R/O Dhar Road Sattani Udhampur-182101 (J&K). Petitioner(s) Through: Mr. Dheeraj Sharma, Advocate. Vs. Union of India through Chief Engineer (AF) Military Engineer Services Air Force Station, Udhampur-182121. …..Respondent(s) Through: Mr. Vishal Sharma, DSGI. CORAM: HON’BLE THE ACTING CHIEF JUSTICE O R D E R 11-04-2025 1. This is a petition under Section 11 (6) of the Jammu & Kashmir Arbitration and Conciliation Act 1996 [‘the Act’] seeking reference of the dispute to an independent Arbitrator. 2. The petitioner claims to be a proprietorship concern carrying on the business in the name of M/s Vijay Builders, Engineers, Contractors and Government Order Suppliers. A contract agreement bearing No. CEAFU- 44/135WE/2004-2005 for construction of Temperature controlled Garage at 2 Arb. P No. 16/2024 Thoise for an amount of Rs. 53,63,741.00 was executed between the petitioner and the respondent through Military Engineer Services, HQ Chief Engineer Udhampur Zone on 16.11.2004. The date of completion of work, as envisaged in the contract agreement was 26-02-2006. The petitioner claims that he undertook the contract work assigned to him under various orders and deviation orders and the work was satisfactorily completed by the petitioner on 02-12-2010. The petitioner claims that he submitted the final bills to the respondent for release of the payment but same were delayed for one reason or the other. Even the payment of undisputed part of the bill was not made in time. The dispute having arisen between the petitioner and the respondent qua the contract in question the petitioner invoked the arbitrator clause i.e., Clause 70 of the General Conditions of Contract (IAFW 2249- 1989 PRINT) vide its letter dated 04-09-2022 and requested the respondent to appoint the sole Arbitrator in terms of the aforesaid clause. Despite petitioner having approached the respondent many times, the dispute was not settled by the respondent and, therefore, the instant petition under Section 11 (6) of the Act for appointment of an independent Arbitrator. 3. On being put on notice, the respondent has not filed any objections. On the last date of hearing i.e. on 13-02-2025, time was sought for filing objections. This Court had granted time to the respondent for filing objections with the condition that if objections are not filed before the next date, right to file objections shall stand closed. 4. Having heard learned counsel for the parties and perused the material on record I am of the considered opinion that the dispute raised by the petitioner in this petition is fully covered under Clause 70 of the General Conditions of Contract (IAFW 2249-1989 PRINT). As per Clause 70, all 3 Arb. P No. 16/2024 disputes between the parties to the contract or, after written notice by either party to the contract to the other party, referable to the sole Arbitration of an Engineer Officer to be appointed by the authority mentioned in the tender documents. 5. Undisputedly, in the instant case despite written notice issued by the petitioner to the respondent for appointment of an Arbitrator in terms of Clause 70, the respondent has failed to act. The respondent has also not filed any reply affidavit objecting the request of the petitioner for appointment of an independent Arbitrator in terms of Clause 70. In these circumstances, the petitioner is entitled to seek appointment of independent Arbitrator in terms of Section 11 (6) of the Act. 6. Accordingly, the application is allowed and Er. Vinod Sharma, Commissioner (Retd.) House No. 42 Sector-1, Trikuta Nagar, Jammu (180020) is appointed as Arbitrator to enter upon the reference and, after hearing the parties, make his award in accordance with law. A copy of this order is to be sent to the appointed Arbitrator for information and proceeding further in the matter in accordance with law. (Sanjeev Kumar) ACTING CHIEF JUSTICE JAMMU: 11.04.2025 Anil Raina, Addl. Registrar/Secy Whether the order is reportable: Yes/No